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Patent Law
: Patently ObviousEstimated Workload of Preparing and Filing Reexaminations
By Dennis Crouch, Esq.
As part of the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), the USPTO is required to evaluate its methods of collecting information from the public. In a recent Paperwork Act notice & publication, the Office offered the following estimates for reexamination practice.
Response | Estimated Time Response (hours) | Estimated Number of Annual Responses | Total Hours |
Request for Ex Parte Reexamination Transmittal Form (PTO/SB/57) | 18 minutes | 845 | 254 |
Request for Ex Parte Reexamination | 40 hours | 845 | 33,800 |
Request for Inter Partes Reexamination Transmittal Form (PTO/SB/58) | 18 minutes | 380 | 114 |
Request for Inter Partes Reexamination | 90 hours | 380 | 34,200 |
Petition to Review Refusal to Grant Ex Parte Reexamination | 15 hours | 25 | 375 |
Petition to Review Refusal to Grant Inter Partes Reexamination | 25 hours | 9 | 225 |
Patent Owner's 37 CFR 1.530 Statement | 7 hours | 105 | 735 |
Third Party Requester's 37 CFR 1.535 Reply | 7 hours | 60 | 420 |
Amendment in Ex Parte or Inter Partes Reexamination | 20 hours | 1,165 | 23,300 |
Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination | 25 hours | 300 | 7,500 |
Response to Final Rejection in Ex Parte Reexamination | 15 hours | 320 | 4,800 |
Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination | 25 hours | 120 | 3,000 |
Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination | 25 hours | 95 | 2,375 |
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination | 30 minutes | 475 | 238 |
Total | 5,124 | 111,336 |
Are these estimates in the ball park? How many hours are spent preparing a request for ex parte reexamination? Perhaps most importantly - what is missing here from the time spent in reexamination practice? Comments may be submitted to Susan.Fawcett@uspto.gov (Subject: A0651-00XX Patent Reexaminations comment). Notice at 74 FR 39916.
Assuming that the total -- 111,336 hours -- represent the entire amount of attorney time spent on reexaminations. Those hours are the equivalent of about 60 full time patent attorneys.
Full post as published by Patently Obvious on August 20, 2009 (boomark / email).

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